whether the Full Court was correct in finding that because Google published the advertisers’ links it was responsible for them; and

whether the decision of Universal Telecasters (QLD) v Guthrie1 relating to the liability of a television broadcaster (and relied on by the ACCC before the Full Federal Court) is relevant to determining liability for misleading and deceptive conduct in the online environment, particularly in the search engine context.

According to the ACCC’s press release, “the ACCC looks forward to the High Court considering the issue of the role and responsibility of searching engine providers in online search advertising”.